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FRAZER v. SOUTH CAROLINA

No. 04-6500.

430 F.3d 696 (2005)

Frank D. FRAZER, Petitioner-Appellee, v. State of SOUTH CAROLINA; Henry Dargan McMaster, Attorney General for South Carolina, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 2005.

Attorney(s) appearing for the Case

ARGUED: William Edgar Salter, III, Senior Assistant Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants. David Bruce Betts, Columbia, South Carolina, for Appellee. ON BRIEF: Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Columbia, South Carolina, for Appellants.

Before LUTTIG, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge DIANA GRIBBON MOTZ, wrote a separate concurring opinion. Judge LUTTIG wrote a dissenting opinion.

OPINION

DUNCAN, Circuit Judge.

South Carolina appeals the district court's order granting relief on Frank Frazer's petition for a writ of habeas corpus. The court granted relief solely as to Frazer's claim that his attorney failed to...

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